Waiver

PERSONAL TRAINING WAIVER AND RELEASE

PERSONAL TRAINING WAIVER AND RELEASE

Client Name: 

Address:  City:   State:   Zip:

Home Phone:   Work/Cell Phone: 

Date of Birth:  Date of First Visit: 

PLEASE READ THE FOLLOWING CAREFULLY BEOFRE SIGNING

In consideration of my being able to participate in Nicely Fit Co.’s (“Nicely Fit”) personal training program, I understand that I must purchase a single or package of training session(s) and must read, agree to and sign this Personal Training Waiver and Release (the “Waiver”) where I assume the risks and obligations for participation and waive liability related to my participation. 

I accept the RISK OF CONTRACTING COVID-19 by choosing to participate in the Nicely Fit training program. 

I agree to strictly abide by any and all rules and policies of Nicely Fit concerning the control and spread of COVID-19, including without limitation, rules and policies relating to social distancing set by Nicely Fit and the requirement of WEARING A FACE COVERING AT ALL TIMES.

I will not attend any training session if I am experiencing any symptoms of COVID-19, if I, within the preceding fourteen days have been in immediate contact with anyone who is experiencing any symptoms of COVID-19, or if I am otherwise under an obligation to self-isolate or remain under quarantine. 

I agree and acknowledge that this program is voluntary and a personal trainer will develop and guide me through a fitness program.  I will be required to undergo a fitness evaluation to assess my present level of fitness.  I agree to complete the Questionnaire/Information Sheet and any other health history forms accurately and completely, including in my disclosures any prescribed medications I am taking and any exercise or diet limitations I am aware of or have been prescribed by my physician. While engaging in a training program with Nicely Fit my medications, physical condition or medical limitations should change, I agree to immediately notify Nicely Fit of such change.  I understand that it is recommended that I have a physical examination and consultation with my physician as to physical activity and diet so I am aware of what is appropriate for me.  I agree and acknowledge that I have either had a physical exam and have been given my physician’s permission to participate in this training program or I have decided to participate in this training program without the approval of my physician.  

I understand that while the information, planning, training and support provided by professionals at Nicely Fit are designed to improve my health and fitness using their professionals’ training and expertise, Nicely Fit does not employ physicians and as such, cannot diagnose or medically treat any disease or condition I may have.  I agree that any recommendations provided to me during my training sessions by the professionals at Nicely Fit should be viewed as an addition to my overall personal wellness plan and the advice provided by Nicely Fit is not intended to replace, preempt or take the place of medical care and advice provided by my physician.  Additionally, from time to time, Nicely Fit’s professionals may recommend to me certain nutritional supplements that they believe would be beneficial to incorporate into my diet.  I acknowledge, however, that Nicely Fit does not warrant or represent their effectiveness, suitability for my particular diet or the claims made by the producers and/or advertisers of such supplements.   Any recommendations provided by Nicely Fit that I choose to follow—including the use of nutritional supplements—shall be undertaken entirely at my own risk.  

I understand that I have the right, in my sole discretion, to stop or decrease exercise at any time during a session and that it is my obligation to inform Nicely Fit of any symptoms such as fatigue, shortness of breath or chest discomfort.  

I agree and acknowledge that participation in the program including, but not limited to, exercising, use of exercise equipment and strenuous exertion (strength training) all of which increase heart rate and body temperature.  

I understand that exercise involves certain risks, including, but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death.  Also, injuries occur to bones, joints or muscles. Slips, falls and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any training activity or program is relative to my own state of fitness or health (physical, mental or emotional) and to the awareness, care and skill which I conduct myself in such activity or program.  

I hereby accept my obligations under this Waiver and acknowledge that any breach of these obligations on my part could result in Nicely Fit denying me service.  I hereby accept and acknowledge that I WILL NOT BE ENTITLED TO A REFUND FOR SESSIONS CANCELLED AS A RESULT OF MY REFUSAL TO WEAR A FACE COVERING or any other breach of my obligations hereunder. I AGREE AND UNDERSTAND.  

Knowing the material risk and appreciating, knowing and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation. I AGREE AND UNDERSTAND. 

I do hereby waive, release and forever discharge Nicely Fit, its shareholders, directors, officers, employees, contractors, advisors and representatives from any liability to me, my personal representatives, estate, heirs, next of kin and assigns, for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in activities or programs, including, but not limited to, exercise, personal training or use of equipment, whether caused by the negligence of Nicely Fit, its shareholders, directors, officers, employees, contractors, advisors or representatives or otherwise.  I AGREE AND UNDERSTAND.

I agree to indemnify Nicely Fit, its shareholders, directors, officers, employees, contractors, advisors and representatives from liability for the injury or death of any persons(s) and damage to property that may result from my negligent or intentional acts or omissions while participating in training with Nicely Fit. I AGREE AND UNDERSTAND.

I declare that I have read, understand and agree to the contents of this Waiver in its entirety.  I understand that this Waiver is intended to be as broad and inclusive as permitted by the State of New York and agree that if any portion is held invalid, the remainder will continue in full force and effect.

DATE:_______________________________